Konsep Kepemilikan Aset dalam Fiqih Muamalah Kontemporer Analisis terhadap Teori Al-Māl Dan Al Manfa'ah

Elva Mahmudi (Sekolah Tinggi Agama Islam Negeri Mandailing Natal)

ILJS

The rapid advancement of digital technology has transformed the concept of property by introducing various forms of digital assets, including cryptocurrencies, non-fungible tokens (NFTs), digital tokens, and other virtual assets. These developments have generated new legal questions concerning the legitimacy of ownership from the perspective of Islamic law, particularly within the framework of fiqh al-mu'amalah. This study aims to analyze the concept of digital asset ownership through the theories of al-māl (property) and al-manfa'ah (benefit), while examining their relevance to contemporary Islamic jurisprudence. The research employs a normative juridical method using a conceptual and comparative approach based on library research. Primary data are derived from classical and contemporary fiqh literature, fatwas of Islamic legal institutions, and relevant statutory regulations, while secondary data consist of academic books and recent scientific journal articles. The collected data are analyzed descriptively and analytically by employing the approaches of qiyās, ijtihād, and maqāṣid al-syarī'ah. The findings demonstrate that digital assets may be recognized as al-māl provided they fulfill essential legal elements, namely possessing measurable economic value, being acknowledged by society (al-'urf), allowing lawful ownership and transferability, and generating legitimate benefits in accordance with Islamic principles. The study further reveals that the legal status of digital assets cannot be generalized, as it depends upon their characteristics, functions, and methods of utilization. Although contemporary Muslim scholars hold differing opinions regarding certain categories of digital assets, the classical framework of fiqh al-mu'amalah remains sufficiently flexible to accommodate technological developments through contextual legal interpretation grounded in the objectives of Islamic law. Consequently, the theories of al-māl and al-manfa'ah continue to provide a relevant analytical framework for determining the legality of digital asset ownership within the contemporary digital economy